Modernizing the Fair Housing Act for the 21 st Century

Transcription

1 Modernizing the Fair Housing Act for the 21 st Century 2013 Fair Housing Trends Report April 11, 2013 National Fair Housing Alliance 1101 Vermont Avenue, NW Suite 710 Washington, DC (202)

2 About the National Fair Housing Alliance Founded in 1988 and headquartered in Washington, DC, the National Fair Housing Alliance is a consortium of more than 220 private, non-profit fair housing organizations, state and local civil rights agencies, and individuals from throughout the United States. Through comprehensive education, advocacy and enforcement programs, NFHA protects and promotes equal access to apartments, houses, mortgage loans and insurance policies for all residents of the nation. Acknowledgments A special thanks to the people at HUD, DOJ, FHAP agencies, and fair housing organizations who provided information and data for this report. All of the charts in this report were created by National Fair Housing Alliance staff using the data provided Fair Housing Trends Report / Page 1 National Fair Housing Alliance

3 TABLE OF CONTENTS INTRODUCTION SECTION III. MODERNIZING THE FAIR HOUSING ACT FOR THE 21 ST CENTURY... 5 A. Toward a More Inclusive Fair Housing Act... 5 B. The Fair Housing Act Must Do More to Prevent Housing Discrimination against Poor People... 5 C. The Fair Housing Act Must Protect People from Sexual Orientation and Gender Identity Discrimination... 8 D. The Fair Housing Act Must Protect against Marital Status Discrimination SECTION I. NATIONAL DATA ON FAIR HOUSING A. Housing Discrimination Complaints for B. Discrimination by Protected Class C. Discrimination by Transaction/Category SECTION II. TRENDS IN PUBLIC AND PRIVATE FAIR HOUSING ENFORCEMENT A. U.S. Department of Housing and Urban Development B. U.S. Department of Justice C. Consumer Financial Protection Bureau D. Private, Non-Profit Fair Housing Efforts CONCLUSION Fair Housing Trends Report / Page 2 National Fair Housing Alliance

4 INTRODUCTION April 11, 2013 marks the 45 th anniversary of the passage of the Fair Housing Act - hard-fought legislation intended to root out individual and systemic housing discrimination and segregation, and to promote diverse inclusive communities throughout the United States. A little-known fact about the Fair Housing Act is that it was passed exactly a week after the assassination of the Rev. Dr. Martin Luther King, Jr. as a tribute to him and the work he did to challenge residential segregation in cities like Detroit and Chicago. Since that time, the Fair Housing Act has been amended on several occasions to address housing discrimination based on sex (1974) and against people with disabilities and families with children (1988). The fair housing movement continues to expand its fair housing enforcement, but it is time again to update the Fair Housing Act, now to protect other communities known to be victims of housing discrimination. Near the end of his life, Dr. King recognized that although legal segregation was coming to an end, poverty would remain and it would be the subject of the next phase of the civil rights movement. He initiated the Poor People s Campaign, focusing on economic justice for poor people. King argued that the costs of the Vietnam War were sucking dry President Lyndon B. Johnson s Great Society programs. During King s day, the national poverty rate was near 12 percent, and more than double that for African Americans. 1 It is striking how our nation s current reality reflects the realities of Dr. King s day. Today, our national poverty rate is 15 percent, and people of color, women, families with children, and people with disabilities make up disproportionate shares of people in poverty. Compared to white families, African-American and Latino families have emerged from the Great Recession holding more debt relative to their assets. Between 2007 and 2010, African-American and Latino families lost 27.1 and 41.5 percent of their average net wealth, respectively, compared to a 6.7 percent loss for white families. 2 We are nearing the end of the costly Iraq and Afghanistan wars, and today some federal legislators aim to balance our nation s budget on the backs of our most vulnerable communities, slashing programs that provide opportunity to our nation s poorest families. Dr. King s work remains unfinished. Preventing discrimination against classes protected by the Fair Housing Act remains a challenge. In 1998 during a speech days before the 30 th anniversary of Dr. King s assassination, Coretta Scott King, had this to say: I still hear people say that I should not be talking about the rights of lesbian and gay people and I should stick to the issue of racial justice. But I hasten to remind them that Martin Luther King Jr. said, Injustice anywhere is a threat to justice everywhere. 3 In 2013, and for the first time ever, the Supreme Court heard cases concerning same-sex marriage, and today public opinion polling shows that 58 percent of Americans believe same sex marriage should be legal. 4 As 1 American RadioWorks, King s Last March: New Front in the Fight for Freedom, available at 2 United for a Fair Economy, State of the Dream 2013 A Long Way from Home: Housing, Asset Policy and the Racial Wealth Divide, Washington Post-ABC News Poll, Same Sex Marriage, March 26, 2013, available at Politics/Polling/release_221.xml Fair Housing Trends Report / Page 3 National Fair Housing Alliance

5 support grows for marriage equality, it is important to fight for full inclusion in society by recognizing other areas in which lesbian, gay, bisexual, and transgender people are discriminated against. Without access to safe housing of their choice, free from discrimination, lesbian, gay, bisexual, and transgender people face limited life opportunities. In 2012, private fair housing organizations, Fair Housing Assistance Programs, the Department of Housing and Urban Development, and the Department of Justice collectively reported 28,519 complaints of discrimination in housing, an increase from Private fair housing organizations reported increased rental and sales discrimination, and a notable increase in discriminatory harassment. Private groups also saw an increase in housing discrimination based on classes not protected by the Fair Housing Act, including source of income, age, sexual orientation, and marital status. HUD and FHAP agencies reported increased housing retaliation, and DOJ reported an increase in complaints based on military status, source of income, and age. All public fair housing enforcement agencies reported a notable increase in complaints based on national origin. FHAP agencies reported a notable decrease in the overall number of claims and complaints, most likely due to constricted state and local funding. DOJ also reported a drop in the number of case filings mostly due to its taking on more costly, high-impact cases. Discrimination against people with disabilities continues to represent the largest share of housing discrimination reported by both private fair housing organizations and public enforcement agencies. It is evident that there is still much more to do to root out housing discrimination in the United States. Our nation has been confronted with a growing disinterest in the status quo: the rejection of the massive wealth disparity in the United States; changing family structures that challenge tradition; and growing public support for the rights of lesbian, gay, bisexual, and transgender people to love whom they will and live as they choose. As our nation grapples with these realities, it is more important than ever to amend the Fair Housing Act to protect these communities from outright or blanketed discrimination when they look for housing. The Fair Housing Act protects people from housing discrimination based on race, color, national origin, religion, sex, familial status, and disability status. These protections must now include source of income, sexual orientation, gender identity, and marital status. For some time, state and local governments have been at the forefront of protecting additional populations that are vulnerable to housing discrimination. It is time for our federal legislators to commit to doing the same. Section I describes the fair housing challenges based on source of income, sexual orientation, gender identity, and marital status, and the urgent need to address those challenges at the federal level. Section II of this report documents the known national incidence of housing discrimination. Section III describes the changes in public and private fair housing enforcement trends Fair Housing Trends Report / Page 4 National Fair Housing Alliance

6 Section I. Modernizing the Fair Housing Act for the 21 st Century A. Toward a More Inclusive Fair Housing Act As we celebrate the 45 th anniversary of the federal Fair Housing Act, it is important to look back on the achievements made by fair housing advocates to strengthen it over the years. These successes include the formation of full-service private fair housing organizations that laid the groundwork for systemic multi-city and multi-state fair housing enforcement of the Fair Housing Act. They include the addition of sex (gender) protection in 1974; the addition of disability status and familial status protections and the creation of the Fair Housing Initiatives Program in 1988; systemic enforcement of the Fair Housing Act against homeowners insurance companies that redlined entire communities of color throughout the 1990s; and the first ever lawsuit brought against a jurisdiction for its failure to affirmatively further fair housing in 2009 all moments of triumph over the decades that continue to push American society closer to exercising the real opportunity to chose the neighborhoods where we want to live and raise our families. Still, the Fair Housing Act goals of eliminating housing discrimination and promoting diverse, inclusive communities must continue to move forward. The federal Fair Housing Act must be amended to address what so many states and localities have already recognized as necessary to protect more of their residents from discrimination and to increase housing opportunities, by adding federal protections for the lowest-income people and families who need subsidized housing assistance; by protecting lesbian, gay, bisexual, and transgender (LGBT) people from discrimination in all housing transactions; and by protecting all people no matter their marital status. The Housing Opportunities Made Equal Act aims to do exactly that. It was introduced in the past two Congresses and NFHA hopes to see the same this Congress. B. The Fair Housing Act Must Do More to Prevent Housing Discrimination against Poor People The United States Census estimates that in 2011 more than 46 million people lived in poverty, making up 15 percent of the overall population. 5 Poverty in the United States disproportionately affects women, families with children, people with disabilities, and people of color. The breakdown of the overall percentage of people living below the poverty line reveals the impact of poverty on various populations: 31.2 percent of female-headed households live in poverty, compared to 16.1 percent of male-headed households; 28.8 percent of people with a disability between the ages of 18 and 64 live in poverty, compared to 12.5 percent of people without a disability in the same age range; and 27.6 percent of African-Americans, 25.3 percent of Hispanics of any race, and 12.3 percent of 5 The United States Census follows the methodology of the Office of Management and Budget s Statistical Policy Directive 14 to determine a set of dollar value thresholds that each vary by family size and composition to determine who lives in poverty Fair Housing Trends Report / Page 5 National Fair Housing Alliance

7 Asian Americans live in poverty, compared to 9.8 percent of non-hispanic whites. 6 Poor people face barriers to full economic inclusion in society, and many face outright discrimination when seeking to provide the most basic needs for their families. Finding safe, affordable housing racially and economically integrated communities continues to be one of the biggest challenges for poor families of all protected classes. Several federal programs, including HUD s Section 8 Voucher (aka Housing Choice Voucher) program, exist to help lowincome people afford housing. However, demand for housing assistance vouchers from government programs far exceeds their availability; even when families get assistance, many are met with outright discrimination by landlords who refuse to accept housing vouchers or other housing assistance and income subsidies. Landlords across the nation engage in discrimination based on source of income on a daily basis, and while 13 states have recognized the need to curtail this kind of housing discrimination, there is no federal prohibition against it. In 2012, fair housing organizations reported 569 complaints of housing discrimination based on a person s legal source of income an increase from 353 in Legal source of income can include HUD Section 8 vouchers, alimony, child support, and many other legal forms of income. The number of complaints represents only the incidence of source of income housing discrimination reported to private groups. Two studies by private fair housing organizations illustrate the profound source of income discrimination that actually occurs across regions and cities. In July 2008, the Fair Housing Justice Center in New York City investigated whether real estate brokers and agents were complying with the New York City Human Rights Law which was amended to prohibit housing discrimination based on source of income in March The Fair Housing Justice Center looked at rental advertisements on for apartments in New York City. On July 29, 2008, the Fair Housing Justice Center identified 1,543 rental advertisements indicating a limitation or discrimination based on source of income 778 of these were posted by apartment owners, and 765 were posted by brokers. The Fair Housing Justice Center reviewed the website again on August 3, This time around, the organization found 1,641 rental advertisements indicating a limitation or discrimination based on source of income 882 of these were posted by owners, and 759 were posted by brokers. Housing providers included phrases such as no programs, no Section 8, no government programs and other similar statements in advertisements. 7 It should be noted that in 2012, the Fair Housing Justice Center received only 34 complaints of source of income discrimination, compared to the thousands of illegal advertisements. The Greater New Orleans Fair Housing Action Center (GNOFHAC) similarly sought to determine the extent to which Housing Choice Voucher recipients were being turned away by landlords in New Orleans. In 2009, GNOFHAC conducted 100 phone tests in which persons trained to pose as 6 DeNavas-Walt, Carmen, Bernadette D. Proctor, and Jessica C. Smith, U.S. Census Bureau, Current Population Reports, P69-243, Income, Poverty, and Health Insurance Coverage in the United States: 2011, U.S. Government Printing Press, Washington, DC, Freiberg, Fred and Houk, Diane L., Fair Housing Justice Center, No License to Discriminate: Real Estate Advertising, Source of Income Discrimination, and Homelessness in New York City, New York City, September Fair Housing Trends Report / Page 6 National Fair Housing Alliance

8 apartment-seekers with similar renter profiles inquired about the availability of advertised rental units as well as the rental terms and conditions for each unit. The results of the testing determined that landlords were denying apartments to voucher holders 82 percent of the time: 75 percent of landlords refused to accept housing vouchers, and an additional 7 percent placed conditions upon voucher holders, making it virtually impossible for a voucher holder to rent the apartment. Only 18 percent of housing providers tested stated they would accept housing vouchers as rental payment free from additional terms or conditions and barriers to rental. 8 In 2012, the Greater New Orleans Fair Housing Action Center received only 5 complaints of housing discrimination based on source of income. Voucher holders are disproportionately women, families with children, people with disabilities, and people of color. Between November 1, 2012, and February 28, 2013, African-American households represented 46 percent of all tenant-based voucher households; female-headed households with children represented 46 percent; families with a person with a disability represented 42 percent; and Latino households represented 15 percent. 9 However, it must be noted that people of color, people with disabilities, and families with children are much more likely to experience discrimination by landlords, even before factoring in source of income, due to their other protected characteristics. There are also disparate impacts on communities of color based on local population demographics and historical segregation patterns. In certain places, as in New Orleans where 99 percent of the Housing Choice Voucher holders in 2009 were African-American, certain communities of color are disproportionately impacted by source of income discrimination. Today, 12 states and the District of Columbia, including California, Connecticut, Maine, Massachusetts, Minnesota, New Jersey, North Dakota, Oklahoma, Oregon, Utah, Vermont, and Wisconsin, have source of income protections in their fair housing laws. Just this year, Governor Andrew Cuomo of New York announced a plan to include source of income housing protections in his state's fair housing law. It s about time the federal Fair Housing Act caught up with states that have recognized the persistence of poverty and its associated stigma by protecting against housing discrimination based on source of income at the federal level. 8 Greater New Orleans Fair Housing Action Center, Housing Choice in Crisis: An Audit Report on Discrimination against Housing Choice Voucher Holders in the Greater New Orleans Rental Housing Market, New Orleans. 9 Department of Housing and Urban Development, Resident Characteristics Report, Tenant Based Voucher. Accessed March 29, Available at Fair Housing Trends Report / Page 7 National Fair Housing Alliance

9 C. The Fair Housing Act Must Protect People from Sexual Orientation and Gender Identity Discrimination LGBT individuals and families often meet upfront hostility from landlords, real estate agents, and lenders when looking for housing. As Rea Carey, Executive Director for the National Gay and Lesbian Task Force testified before Congress, LGBT people may experience outright hostility may be subjected to violence or property damage. 10 Many states have already recognized the especially harsh treatment that LGBT people face in their search for housing. Finding safe, affordable housing free from homophobia and hate crimes has always been a concern but it is of critical importance now for LGBT individuals and families as states across the nation recognize the rights of same-sex couples. According to the Federal Bureau of Investigation, close to 10 Testimony of Rea Carey, Executive Director of the National Gay and Lesbian Task Force Action Fund, before the House Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights, and Civil Liberties (Mar. 11, 2010) Fair Housing Trends Report / Page 8 National Fair Housing Alliance

10 one-third of all hate crimes occur in or near a residence: 31.3 percent in 2009; 31.4 percent in 2010; and 32 percent in Despite the rising public acceptance of same-sex marriage and the increased mainstream discourse about LGBT rights, we can expect a backlash from those opposed to full LGBT inclusion. The FBI has documented a steady increase in the reported hate-crimes based on sexual orientation within the last three years for which data are available: 17.8 percent in 2009; 19.3 percent in 2010; and 20.8 percent in There are no comparable FBI data for hate crimes based on gender identity discrimination; however, beginning in 2013 law enforcement agencies reporting hate crimes will be able to report more specific bias motivation, including new bias categories for gender and gender identity. In 2012, NFHA members reported 175 complaints of housing discrimination based on sexual orientation, and another 45 based on gender identity. Sexual Orientation Housing Discrimination Private fair housing organizations in Michigan set out to determine the nature of and extent to which sexual orientation bias pervaded Michigan s rental market. In 2007, four fair housing organizations, including NFHA members the Fair Housing Center of Metropolitan Detroit, the Fair Housing Center of Southeastern Michigan, the Fair Housing Center of Southwest Michigan, and the Fair Housing Center of West Michigan conducted 120 paired tests with similarly situated testers posing as either same-sex couples or heterosexual couples. Testers visited multi-family apartment complexes, real estate firms, and mortgage lenders across Michigan. Of all the tests conducted, 27 percent resulted in a difference in treatment of the testers based on sexual orientation. The largest percentage showing evidence of sexual orientation discrimination was in rental tests (33 percent), followed by sales tests (25 percent) and close behind were mortgage tests (20 percent). Within those results, the fair housing organizations found that heterosexual couples experienced favorable treatment over samesex couples in monthly rental rates, levels of encouragement to apply, and application fees. 12 One specific case from NFHA s member organization the Fair Housing Council of Oregon in Portland illustrates how sexual orientation discrimination can come into play. Last year, two gay men attempted to buy a condo in a 55 and older community in Southern Oregon. One of the men was not 55, but the other was, as the men indicated on the application. (In housing complexes designated as housing for older persons, only one resident has to be at least 55.) The condo board began interviewing references, asking three references if they knew the nature of the couple s relationship, and if the couple was gay. All references asked the condo board to ask the couple themselves. Upon learning that the two men were gay, the condo board rejected the couple s application because both men were not 55 or older. The man who was 55 or older then applied on his own and was subsequently interviewed by the condo board. He was still rejected. Last year, the Fair Housing 11 Hate Crimes Statistics: 2009, Federal Bureau of Investigations. Available at Hate Crimes Statistics: 2010, Federal Bureau of Investigations. Available at Hate Crimes Statistics: 2011, Federal Bureau of Investigations 12 Michigan Fair Housing Centers, Sexual Orientation and Housing Discrimination in Michigan: A Report of Michigan s Fair Housing Centers, January Available at Fair Housing Trends Report / Page 9 National Fair Housing Alliance

11 Council of Oregon received 13 sexual orientation complaints in rental housing and one in the sale of housing. In a case by a FHAP, the Maine Human Rights Commission issued in December 2011 a cause determination of discrimination on the basis of sexual orientation, a protected class under Maine Human Rights Act. Joseph Bonnadio II and William Paquet, a gay couple, rented an apartment at Sproul Block Apartments from December 2007 to May During that time, Realty Resources Management (RRM) and property manager Christine Chapman subjected Bonnadio and Paquet to a hostile housing environment. Within two days of moving in, the two men were told by other tenants that their kind did not belong in the building and that they were deviants and disgusting. They were given the obscene gesture of the middle finger several times. Bonnadio and Paquet wrote to the management about the harassment they had experienced several times by other tenants. Management not only failed to respond, but the site manager, Christine Chapman, physically assaulted Mr. Bonnadio, cut the lock to the couple s onsite storage unit allowing $10,000 worth of irreplaceable property to be stolen, and repeatedly called them faggots, queers, and other slurs. The Maine Human Rights Commission found Realty Resources Management in violation of the Maine Human Rights Act by subjecting the couple to a hostile housing environment. Today, 21 states and the District of Columbia protect against housing discrimination based on sexual orientation, including: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin Fair Housing Trends Report / Page 10 National Fair Housing Alliance

12 Gender Identity Housing Discrimination Sixteen states and the District of Columbia protect against housing discrimination based on gender identity, including: California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Maine, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. All but Illinois, Iowa, and Vermont also protect against gender expression discrimination Fair Housing Trends Report / Page 11 National Fair Housing Alliance

13 Housing discrimination is especially harsh for transgender people who are often forced into homelessness due to outright discrimination. In 2011, the National Gay and Lesbian Task Force and the National Center for Transgender Equality released the results of their comprehensive national survey on transgender discrimination. The survey found that of the 6,450 transgender and gender non-conforming study participants, many experienced gender identity discrimination in housing: 19 percent had been denied a home or apartment; 19 percent had experienced homelessness; and 11 percent had been evicted. Those who had experienced homelessness were 2.5 times more likely to have been incarcerated than those who had not experienced homelessness, and more than four times more likely to have done sex work than those who had not experienced homelessness. Of those respondents who had made attempts to access homeless shelters, nearly one third were turned away, and 42 percent were segregated to shelter facilities designated for the wrong gender and experienced hostility. Of those who gained access to homeless shelters, 55 percent reported being harassed, 25 percent had been physically assaulted, and 22 percent were sexually assaulted. Survey respondents also noted having significantly fewer housing choices: 40 percent had to live in less expensive 2013 Fair Housing Trends Report / Page 12 National Fair Housing Alliance

14 housing; 25 percent had no other choice but to live with family or friends; and 12 percent had to have sex with people to secure a bed to sleep in. 13 The National Transgender Discrimination Survey also showed that transgender people of color experience disturbing levels of discrimination in housing, revealing the complex and problematic intersection of anti-transgender bias and racism. Of the total pool of respondents, six percent were African American; six percent were Latino; and three percent were Asian American, South Asian, Southeast Asian, and/or Pacific Islander. Each of these groups experienced disproportionate discrimination in housing. African-American Transgender People The survey showed that thirty-eight percent of African American transgender people reported having been refused housing; 31 percent reported being evicted due to discrimination; and 41 percent experienced homelessness at some point in their lives, over five times the national rate. African- American transgender people had a homeownership rate of 14 percent, compared to 32 percent of transgender people of any race and 67 percent of the overall U.S. population. 14 Latino/Latina Transgender People Twenty-nine percent of Latino/a transgender people were refused housing, and 15 percent reported experiencing eviction due to bias. Of non-citizen Latino/a respondents, 46 percent were refused housing due to bias, and 26 percent had experienced eviction. Twenty-seven percent of Latino/a transgender respondents had experienced homelessness at some point in their lives, nearly four times the national rate. Latino/a transgender respondents also experienced a 14 percent homeownership rate, compared to 32 percent of all transgender people of any race and 67 percent of the overall U.S. population. 15 Asian American, South Asian, Southeast Asian, and Pacific Islander (AAPI) People Twenty-one percent of AAPI transgender people reported having been refused housing, and seven percent had been evicted. Fourteen percent of AAPI transgender people experience homelessness at some point in their lives, nearly twice the national rate. AAPI transgender people experience a Grant, Jaime M., Lisa A. Mottet, Justin Tanis, Jack Harrison, Jody L. Herman, and Mara Keisling, Injustice at Every Turn: A Report of the National Transgender Discrimination Survey. Washington: National Center for Transgender Equality and National Gay and Lesbian Task Force, Injustice at Every Turn: A Look at Black Respondents in the National Transgender Discrimination Survey. Washington. National Center for Transgender Equality, National Gay and Lesbian Task Force, and National Black Justice Coalition Injustice at Every Turn: A Look at Latino/a Respondents in the National Transgender Discrimination Survey. Washington. National Center for Transgender Equality, National Gay and Lesbian Task Force, and League of United Latin American Citizens Fair Housing Trends Report / Page 13 National Fair Housing Alliance

15 percent homeownership rate, compared to 32 percent of all transgender people of any race and 67 percent of the total U.S. population. 16 D. The Fair Housing Act Must Protect against Marital Status Discrimination Couples who live together but whose relationship is not defined by marriage face housing discrimination by landlords, real estate agents, home sellers, and banks who often charge them higher rent, require a higher income to qualify, or impose higher interest rates on them. Fair housing organizations reported 135 complaints of marital status discrimination in 2012 and have documented it for years. Since 2006, 38 percent of the source of income discrimination investigations by the Fair Housing Center of Nebraska-Iowa have uncovered discrimination on the basis of marital status. In one case, a complainant contacted the Center after attempting to rent an apartment. The complainant was denied rental housing because the landlord had a policy to rent only to married couples. When the Center conducted testing in which testers posed as either married or unmarried couples over the telephone, the landlord told the unmarried testers that they did not rent to unmarried couples. Housing providers use many excuses to discriminate on the basis of marital status, often as a proxy for other bases of discrimination even if that basis is illegal under fair housing law. Some religious landlords, for example, make statements to unmarried couples like, I don t believe that people should live in sin, but could be biased against interracial couples or same-sex couples. Other housing providers make statements to unmarried single mothers like, Where s your kid s dad? 17 Today, 22 states and the District of Columbia offer protections against marital status discrimination in housing, including: Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. 16 Injustice at Every Turn: A Look at Asian American, South Asian, Southeast Asian, and Pacific Islander Respondents in the National Transgender Discrimination Survey. Washington. National Center for Transgender Equality, National Gay and Lesbian Task Force, and National Queer Asian Pacific Islander Alliance Fair Housing Law Project, Housing Discrimination Based on Marital Status, available at Fair Housing Trends Report / Page 14 National Fair Housing Alliance

16 2013 Fair Housing Trends Report / Page 15 National Fair Housing Alliance

17 Section II. National Data on Fair Housing A. Housing Discrimination Complaints for 2012 Each year NFHA collects data from both private, non-profit fair housing organizations and government entities to present an annual snapshot of fair housing enforcement in the United States. Each year we see that private fair housing organizations investigated most of the housing discrimination complaints in the United States. In 2012 private groups investigated 69 percent of fair housing complaints, more than twice as many as were investigated by federal, state and local government agencies combined. These agencies include state and local Fair Housing Assistance Program (FHAP) agencies, the Department of Housing and Urban Development (HUD), and the Department of Justice (DOJ). NFHA collects data on protected classes in several housing transaction areas: rentals, sales, mortgage lending, homeowners insurance, advertising, harassment, homeowners and condo associations, in zoning, and in homeless shelters. Private fair housing agencies saw a rise in complaints within each transaction area for which NFHA collects data, except in the homeowners insurance category. HUD saw an increase in each transaction category, except in the rental category, and HUD received slightly more complaints than in HUD filed four times more Secretaryinitiated complaints in 2012 than in FHAP agencies saw a decrease in complaints in each transaction category, except in the homeowners insurance category; with significant budget cuts to states and localities, this should not come as a surprise. While DOJ filed fewer cases in 2012, many of the cases it pursued were bold and far reaching. Its focus remained on fair lending and design and construction investigations. The complaint data reflect only the reported incidence of housing discrimination. A conservative estimate puts the number of violations of fair housing laws at four million every year. Many people do not report housing discrimination because they don t know where to go, they believe nothing will be done about it, or they fear the consequences. 18 Also, landlords, managers, real estate agents, loan officers and insurance agents who choose to discriminate have become quite sophisticated in their practices. It is rare for someone in the industry to engage in blatant discrimination; instead, people looking for homes, loans or homeowners insurance will get the run around. Often, if a company is violating the Fair Housing Act, it is a systemic or institutionalized practice, so individual complaints do not necessarily tell the whole story. For example, an investigation into a complaint about an apartment building refusing to make a reasonable accommodation for someone in a wheelchair may uncover that the building was not designed or constructed legally from the start. A resolution in such a complaint would reach beyond the individual and result in the whole building being retrofitted to meet the requirements of the Fair Housing Act. This opens an entire apartment complex to all persons in wheelchairs. Each investigation of a housing discrimination complaint has the potential to open housing that had previously been unavailable due to discrimination. 18 Martin D. Abravanel & Mary K. Cunningham, Urban Institute, How Much Do We Know? Public Awareness of the Nation's Fair Housing Laws, Fair Housing Trends Report / Page 16 National Fair Housing Alliance

18 The following chart lays out the complaint and case filings reported by private and governmental fair housing agencies and organizations in Fair Housing Assistance Program (FHAP) organizations are state and local government agencies that receive HUD funding to investigate fair housing complaints. According to the Fair Housing Act, HUD is required to refer cases to these agencies if the agencies are substantially equivalent under the law, i.e. that the state or local law offers protections equivalent to the federal law. NFHA counts as complaints all cases analyzed for fair housing violations. NFHA Member Complaints TOTAL FAIR HOUSING COMPLAINTS FILED FHAP Claims & Complaints HUD Claims & Complaints DOJ Case Filings Total ,022 5,352 2, , ,094 6,370 2, , ,789 7,034 2, , ,347 7,498 2, , ,834 7,705 2, , ,173 8,429 2, , ,924 8,153 2, , ,665 8,214 1, , ,701 7,551 1, , ,680 6,986 1, ,519 NFHA member data are for calendar year HUD, FHAP and DOJ data are for Fiscal Year DOJ data represent case filings of HUD election and enforcement cases, and pattern or practice cases. HUD, FHAP and NFHA data represent fair housing complaints received and/or investigated. In 2012, there were 28,519 complaints of housing discrimination, compared to 27,092 in This increase is largely represented by an increase of almost 2,000 more discrimination complaints received by private fair housing organizations compared to Private fair housing groups continue to investigate the highest number of complaints. In 2012, private fair housing organizations investigated 69 percent of all housing discrimination complaints in the United States, up from 67.6 percent in Fair Housing Trends Report / Page 17 National Fair Housing Alliance

19 # of Complaints/Claims Housing Discrimination Complaints/Claims NFHA FHAP HUD Year Private fair housing groups have an average staff size of five persons. While few in number and largely underfunded, year after year they continue to investigate more fair housing complaints, educate more consumers, and train more housing providers than all other entities in the nation combined, including local, state and federal agencies charged with enforcing the federal Fair Housing Act. Since 1999, private non-profit fair housing organizations have investigated 242,984, or 66.2 percent, of the fair housing complaints in the United States, while Fair Housing Assistance Program agencies have processed 92,109 or 25.1 percent, and HUD 31,440, or 8.6 percent, of cases. This year s data are from 92 private fair housing groups, 94 FHAP agencies and 10 HUD regional offices. It should be noted that many cases filed with HUD and FHAP agencies originated with private fair housing organizations. B. Discrimination by Protected Class The following charts break out the percentage of claims, complaints, or case filings investigated by each type of agency by protected class. Discrimination by Protected Class 60.0% NFHA FHAPs HUD DOJ 50.0% % of Complaints 40.0% 30.0% 20.0% 10.0% 0.0% Race Disability Familial Status Sex National Origin Color Religion Other* Protected Class 2013 Fair Housing Trends Report / Page 18 National Fair Housing Alliance

20 BASIS NFHA Members HUD FHAPs DOJ Race 18.3% 25.2% 30.5% 33% Disability 47.1% 55.6% 48.1% 25% Familial Status 11.5% 15.9% 14.5% 19% Sex 5.4% 11.4% 12.3% 8% National Origin 9% 22.9% 19.9% 17% Color 1.6% 1.7% 1.8% NA Religion 0.8% 2.2% 2.7% 8% Other* 6.4% 9.2% 11.39% 17% * The other category for NFHA members represents complaints arising from categories protected at the state and local levels, including age, criminal background, ancestry, alienage, military status, victim of domestic violence, student status, lawful occupation, place of residence, family responsibility, and arbitrary. ( Arbitrary is a catchall class under California state law in rental transactions). Retaliation complaints reported by fair housing organizations are categorized in the applicable protected class. The other category for HUD and FHAP complaints represents complaints of retaliation. The other category for DOJ represents cases based on military status, source of income, and age. HUD, FHAP, and DOJ data are for Fiscal Year Totals may exceed 100 percent because a single complaint may allege multiple bases of discrimination. Disability complaints remain the greatest percentage of all complaints for the past several years for a few reasons. Many apartment owners make direct comments refusing to make reasonable accommodations or modifications for people with disabilities so discrimination is easier to detect. A reasonable accommodation is paid for by the housing provider; an example is providing a handicapped parking spot with a curb cut for a resident in a wheelchair. A reasonable modification is paid for by the resident; an example is making a structural change inside an apartment which can then be reversed when the resident leaves. Architects and developers continue to design and construct obviously inaccessible apartment buildings and condominium complexes that do not meet the Fair Housing Act s standards, despite HUD s 10 year Fair Housing Accessibility FIRST education campaign educating architects and builders about their fair housing responsibilities. Finally, HUD has devoted an office solely to disability issues. While fair housing organizations primarily receive complaints based on discrimination against federally protected classes, they also receive complaints of discrimination against groups protected only by state and/or local fair housing laws. NFHA members reported receiving housing 2013 Fair Housing Trends Report / Page 19 National Fair Housing Alliance

21 discrimination complaints from several classes of persons currently not protected by the federal Fair Housing Act. Of the complaints in this category, NFHA members reported: 569 based on discrimination based on source of income (up from 353 the previous year); 222 based on age discrimination (up from 150 the previous year); 175 based on sexual orientation discrimination (up from 101 the previous year); 135 based on marital status discrimination (up from 50 the previous year); and 45 based on gender identity or expression. NFHA members also reported a total of 122 complaints that involved discrimination based on criminal background, ancestry, alienage, military status, domestic violence, student status, lawful occupation, place of residence, family responsibility, or arbitrary status. ( Arbitrary is a class covered only in the California rental market). In recent guidance, HUD has shown its willingness to investigate complaints of gender identity and sexual orientation discrimination to the extent that they may be classified under the seven protected classes. 19 Some complaints could be qualified as sex discrimination if an individual is discriminated against because they, for example, do not conform to stereotypes of how someone of a certain gender should behave. There could also be discrimination based on familial status and/or disability depending on the circumstance. Since issuing this guidance and 2010, HUD has investigated 188 complaints that involve allegations of LGBT housing discrimination, 136 of which are based on nonconformity with gender stereotypes filed under sex discrimination. HUD also issued a final regulation that makes it illegal to discriminate against LGBT people in any HUD-funded or Federal Housing Administration insured housing, regardless of the local laws. 20 Since HUD s LGBT Equal Access Rule went into effect March 5, 2012, HUD has investigated and resolved 10 complaints under its new regulatory authority. NFHA applauds HUD for doing more to protect people from sexual orientation and gender identity discrimination in HUD-assisted housing. C. Discrimination by Transaction/Category It is difficult to detect discrimination in most federally protected classes in this day and age without testing and investigations. There are of course exceptions including but not limited to apartment buildings that violate the fair housing accessibility standards, landlords who boldly state, no kids allowed, and harassment. Housing providers are rarely bold enough to deny individuals housing to their face. The rental housing market is the easiest to investigate and also yields the highest number of complaints in part because the interactions are quick and rental rates are usually advertised. Home sales, loans, and insurance are another story all together. It is nearly impossible for someone to know when they are being steered into a different home, a worse loan, and/or worse insurance because of 19 For more information on HUD s guidance on LGBT housing discrimination complaints, please see C.F.R. pts. 5, 200, 203, 236, 400, 570, 574, 882, 891, 982 (2012) Fair Housing Trends Report / Page 20 National Fair Housing Alliance

22 discrimination. Testing can often parse out differences. It is time-consuming and work-intensive in these more difficult housing transactions, as well as extremely important and necessary. Rental Market Private Groups Report 17,117 Complaints 21 Of the many categories of complaint data for housing discrimination, rental cases continue to represent the largest number of complaints, primarily because it is easier to recognize this type of discrimination. Private fair housing groups reported 17,117 complaints of housing discrimination in the rental market, up for two years in a row from 15,163 complaints in 2011 and 14,782 in In 2012, FHAP agencies reported 5,202 rental complaints, down from 5,478 in 2011; and HUD reported 1,106 rental complaints, down from 1,153 complaints in Home Sales Private Groups Report 381 Complaints Private groups reported 381 complaints in the home sales market, up from 302 complaints in 2011, but still lower than the high of 649 in FHAP agencies reported 384, down from 452 in 2011; and HUD reported 165, up from 117 in Real estate sales discrimination is very hard to detect because the buyer cannot compare what homes and neighborhoods are offered to other buyers with similar qualifications. Racial steering happens when the real estate agent limits available homes to the buyer by failing to even show certain neighborhoods or even lying by saying the home is off the market. Systemic testing of the sales industry is the best way to identify if all people are being given access to the same neighborhoods. Mortgage Lending Private Groups Report 1,101 Complaints Private groups reported investigating 1,101 complaints of mortgage lending discrimination, down from 1,243 complaints in 2011 and 1,568 complaints in HUD reported 168 mortgage lending complaints, slightly up from 164 in 2011 and only 89 in FHAP agencies reported 187 in FY12, down from 244 in 2011 and 332 in Overall, private fair housing organizations, HUD and FHAP agencies received fewer mortgage discrimination complaints, which is likely to be a result of decreased mortgage applications in a constricted credit market and applicants receiving loans but with different terms or conditions and not recognizing that the terms could be based on discrimination. Homeowners Insurance Private Groups Report 22 Complaints Private fair housing groups reported 22 complaints of discrimination in the insurance market, compared to 28 in 2011, and 68 insurance complaints in 2010; FHAP agencies reported three insurance complaints and HUD reported two complaints in 2012, compared to none in It should be noted that discrimination related to homeowners insurance can be difficult to identify 21 Complaint data by type of allegation does not equal the total number of complaints because not all organizations provided this type of information Fair Housing Trends Report / Page 21 National Fair Housing Alliance

23 because it is rarely overt and as such makes it difficult to address discrimination in this transaction category. Harassment Private Groups Report 851 Complaints The Fair Housing Act makes it illegal to direct abusive, foul, threatening, or intimidating language or behavior toward a tenant, resident, a visitor of a tenant or resident or home seeker because of their membership in any of the federally protected classes, or to someone helping a person exercise his or her fair housing rights. Private fair housing groups reported 851 complaints of harassment, 299 more than in Of the complaints investigated, 22.9 percent were based on disability, 22.3 percent were based on race; 19.4 were based on national origin; 15.5 percent were based on familial status; and 8.9 percent were based on sex. Harassment is also under-reported. Most people do not know that the Fair Housing Act protects them from harassment when they are looking for housing or after they move in. Many people who ultimately file a harassment complaint say they tried to ignore it hoping it would stop. Additionally, too many police departments do not recognize that harassment based on race, national origin, sex, etc. may be covered under the Fair Housing Act, so no referrals are made for the victims. Harassment can rise to the level of a criminal violation under the Fair Housing Act. Fair housing advocates have pushed for HUD to release a regulation on prohibited harassment under the Fair Housing Act to inform housing providers and the public what constitutes this type of discrimination and how the Department will address it. Other Housing and Housing Related Transactions Private Groups Report 208 Complaints This is a new metric that NFHA is tracking this year. Under the Fair Housing Act, it is illegal to discriminate in all housing and housing-related transactions. In 2012, private fair housing organizations reported acts of discrimination in a number of areas: 66 in zoning and zoning-related activities; 49 acts of retaliation; 46 by homeowners and condo associations; 44 in housing advertisements; and three in homeless shelters, Of all these combined instances of discrimination, 46.5 percent were based on disability; 18.6 percent on race; 11.8 percent on familial status; 9.1 percent on national origin; five percent on sex; 2.9 percent on source of income; 1.6 percent on color; 0.9 percent on sexual orientation; 0.8 percent on religion; 0.7 percent on marital status; and 0.2 percent on gender identity or gender expression Fair Housing Trends Report / Page 22 National Fair Housing Alliance